HUSSAIN ALAM Vs. STATE

JUDGEMENT

(1.) ORDER :- This appeal is directed against the judgment passed by Sessions Judge Rajouri, on 25-10-1982/30-3-1983, whereby appellant has been held guilty of having committed offence under Section 366, Ranbir Penal Code and has been ordered to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. 500/-, in default of payment whereof he has been ordered to undergo further rigorous imprisonment for a period of six months.

(2.) Brief facts of the case, which have given rise to this appeal, need to be noticed before considering the respective submissions urged by the learned counsel during the hearing of this appeal.

(3.) As per prosecution case a written complaint (Ex. P-1/1) was made by PW 1 Mohd Ismail (hereinafter referred to as 'the complainant') addressed to S. P. Rajouri. This complaint is undated, however, endorsement on it dated 2-5-1975 shows that it was marked by Superintendent of Police, Rajouri, to S.H.O. P/S Rajouri, for necessary action and report. As per this complaint daughter-in-law of the complainant had been abducted by the appellant when she had gone to her mother's house. As per this complaint, when the daughter-in-law of complainant was abducted she was having certain ornaments, which were not there. On the basis of this complaint, Ex. P-1/1, F.I.R., Ex. P-1/2, was registered at Police Station Rajouri and police machinery was set into motion.